Public Conduct in Berkeley, CA (2026)
8 verified public conduct rules for Berkeley, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Public Urination
BMC 13.36.085 bans urinating or defecating in any public place, anywhere open to public view, or on private property entered without the owner's consent. A warning must precede any citation, and every violation is charged only as an infraction.
Berkeley Public Urination and Defecation Ban
Some RestrictionsBerkeley Municipal Code § 13.36.085
No person may urinate or defecate: 1. In a public place; 2. In a place open to the public or exposed to public view; 3. In a private place entered without consent of the owner, their agent, or the person in lawful possession thereof... 'public place' means and includes, but is not limited to, any street, park, pier, beach, restaurant, cafe, theater, store, building playground, school ground rec...
Skateboarding Rules
Berkeley regulates where and how skateboards may be ridden under Municipal Code Section 14.32.060: no age limit applies, but riders must wear reflective or light-colored clothing after dark, use sidewalks where available while yielding to pedestrians, and keep to the far left edge of the roadway facing traffic where no sidewalk exists.
Berkeley Skateboard Riding Rules
Some RestrictionsBerkeley Municipal Code § 14.32.060
Skateboards shall obey all rules applicable to pedestrians, the California Vehicle Code and comply with the following regulations: A. No age restrictions shall be placed upon skateboard users; B. Skateboarders shall wear reflecting material and/or light colored clothing when skateboarding after dark; C. Butt boarding and lying down on skateboards shall be prohibited; D. Home made ramps in stree...
Loud Party Ordinance
Berkeley Municipal Code Chapter 13.48 makes a gathering of ten or more people a public nuisance once it substantially disturbs a neighborhood through excessive noise, traffic, drunkenness, fights, or underage drinking. A second police response to the same address within 120 days triggers civil penalties of $750, rising to $1,500 and then $2,500, charged jointly against hosts, residents, sponsors, and the property owner.
Berkeley Loud Party Nuisance Penalties
Some RestrictionsBerkeley Municipal Code § 13.48.020
It shall be unlawful and a public nuisance to conduct a gathering of ten or more persons on any private property in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of law. Illustrative of such unlawful conduct is excessive noise or traffic, obstru...
Loitering Rules
Berkeley bans lingering in any City-owned, -operated, or -leased parking lot for any purpose other than parking a vehicle and walking to or from it. The rule targets unauthorized windshield-washers and squeegee panhandlers who accosted drivers for payment, and it carries a misdemeanor penalty.
Berkeley City Parking Lot Loitering Ban
Some RestrictionsBerkeley Municipal Code § 13.94.030
It shall be unlawful for any person to remain on a City parking lot except for the purpose of parking a vehicle and of egress and ingress from said vehicle. Notwithstanding the aforementioned, it shall not be unlawful for any person to remain seated in a lawfully parked vehicle for a maximum time of sixty minutes.
Outdoor Smoking Restrictions
Berkeley bans smoking in every city recreational area, including parks, playgrounds and hiking trails, plus outdoor restaurant seating and any pedestrian patio enclosed on three sides. The ban extends 25 feet from any public building entrance and 50 feet from health clinics, child care centers and senior centers. Violators face an infraction, and a private citizen can also sue to enforce it.
Berkeley Outdoor Public Smoking Ban
Significant RestrictionsBerkeley, CA, Municipal Code ch. 12.70 (Smoking Pollution Control), § 12.70.030 (Locations Where Smoking Is Prohibited), subsecs. A, S-U
Smoking shall be prohibited in all public places including but not limited to the following unless otherwise provided and in all places where the owner or person in charge of the establishment has posted a nonsmoking sign: ... S. All outdoor areas used for public seating in conjunction with any retail or food establishment in an exclusively pedestrian area that is enclosed on at least three sid...
Jaywalking
In Berkeley's business districts, pedestrians must cross at a marked crosswalk; Municipal Code Section 14.32.020 makes any mid-block crossing there unlawful. Citywide, Section 14.32.030 further requires crossing at right angles to the curb, or by the shortest route to the opposite curb, wherever no marked crosswalk is present.
Berkeley Crosswalk-Only Crossing Rule
Some RestrictionsBerkeley Municipal Code § 14.32.020; § 14.32.030
It is unlawful for any pedestrian to cross a roadway in any business district other than by a crosswalk. ... It is unlawful for any pedestrian to cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb except in a marked crosswalk.
Public Marijuana Use
Berkeley Municipal Code Section 12.22.040(F) bans consuming cannabis or cannabis products in any public place citywide, written as its own cannabis-business standard rather than folded into the tobacco smoking chapter. The only carve-out is a licensed Cannabis Retailer 'Lounge' built with a ventilated Designated Cannabis Smoking Room. Violations run through the City's administrative citation process, not criminal court.
Berkeley Public Cannabis Consumption Ban
Heavy RestrictionsBerkeley, CA, Municipal Code ch. 12.22 (Cannabis Business Operating Standards), § 12.22.040 (Retailers), subsec. F
F. Consumption of Cannabis. 1. The consumption of Cannabis or Cannabis Products in public places is prohibited. 2. Notwithstanding subsection 12.22.040.F.1, the consumption of Cannabis and Cannabis Products is permitted at a Lounge. The consumption permitted at a Lounge will be based on whether the Lounge is equipped with a Designated Cannabis Smoking Room outfitted with a Designated Cannabis S...
Public Alcohol Use
Berkeley bans drinking alcohol in parks, on streets, or anywhere open to public view under BMC 13.36.070, and separately bans carrying an already-opened container near an off-sale liquor store under 13.36.075. Both are charged only as infractions.
Berkeley Public Alcohol Consumption Ban
Some RestrictionsBerkeley Municipal Code § 13.36.070
It is unlawful for any person to partake of any spirituous, malt, vinous, or alcoholic liquors or other alcoholic beverages in or on any park, playground, or community house, or in an automobile while said automobile is on any alley, street, or highway, or on public or private property which is open and accessible to the general public or open to public view... It is also unlawful to possess a ...
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